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ABDUL MOIN
Ram Bachan Smarak High School Thr. Its Treasurer S. S. Yadav – Appellant
Versus
Additional Commissioner Nyayik Lucknow Division Lko. – Respondent
Headnote: Read headnote
JUDGMENT :
1. Heard learned counsel for the petitioner and learned Standing counsel appearing for the State respondents.
2. By means of the present petitioner, the petitioner has prayed for the following reliefs :-
3. The case set forth by the petitioner is that a registered lease-deed was executed on 18.6.2003 a copy of which is Annexure No.3 to the petition. The said lease-deed was for a period of 30 years. Clause 5 of lease-deed provided that Lessee shall have one option for same period and it will be determined on the basis of th
Disciplinary action can be taken against quasi-judicial officers for negligence, even if the error is one of law, and lease agreements must be interpreted holistically.
The court established that independent lease deeds cannot be aggregated for stamp duty calculations, and the existence of an alternative statutory remedy precludes the invocation of writ jurisdiction....
The supplementary lease deed constitutes a transfer of lease, not a new lease, and is subject to stamp duty under Article 63 of the Indian Stamp Act, not Article 35(a).
Substitution of a lessee’s name post-death does not attract additional stamp duty if it does not establish a new lease.
The notification dated 05.03.2003 providing reduced stamp duty rates did not apply to lease deeds with security charges, falling under Clause (c) of Article 33 of the Rajasthan Stamp Act, 1998.
The main legal point established in the judgment is that the stamp duty for a mining lease should be calculated based on anticipated royalty, surface rent, and security deposit as per the provisions ....
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